This is an application filed by the petitioner under section 25-A of the West Pakistan Family Courts Act, 1964, seeking transfer of the case filed by the respondent against the petitioner, for restitution of conjugal rights which is currently pending before the learned Judge Family Court, Jauharabad.
2. It has been contended on behalf of the petitioner that on 11-12-1983, she filed a suit for jactitation of marriage against the respondent in the Court of Mr. Muhammad Yousaf, Judge, Family Court, Faisalabad, which is still pending. The respondent subsequently filed a suit for restitution of conjugal rights against her at Jauharabad on 11-2-1984.
It has been next contended that at the instance of the petitioner a case under section 11 of offence of Zina (Enforcement of Hudood) Ordinance, 1979, stands registered. It is thus urged that it would be highly inconvenient for the petitioner lady litigant to go to Jauharabad to defend the suit for restitution of conjugal rights filed against her by the respondent, as she apprehended danger at the hand of the respondent and his partisans.
3. This is a common ground between the parties that parents of the petitioner are residence of People's Colony, Fasalabad. The petitioner is living with her parents. In the circumstances, the Family Court at Faisalabad possesses the territorial jurisdiction in regard to the suit for jactitation of marriage filed by the petitioner against the respondent. She filed the said suit prior to the institution of the suit for restitution of conjugal rights filed by the respondent and to both the suits a common question of fact as to whether there subsists a valid marriage between the parties requires determination. It can also be not lost sight of that the petitioner being a lady litigant, preference has to be given to her convenience. Her apprehensions of danger at the hand the respondent and his partisans, if she is forced to go to Jauharabato defend the suit brought against her for restitution of conjugal rights are not without substance, because at her instance, a criminal case under the Hudood Ordinance stands registered against the respondent and his mother.
4. In view of the aforementioned circumstances, this transfer application is allowed and the suit filed by the respondent against the petitioner for restitution of conjugal rights in the Court of Mr. Saif-ur--Rehman Khan, Judge Family Court, Jauharabad is transferred from the said learned Court to that of Mr. Muhammad Yousuf, Judge Famil3 Court, Faisalabad, in whose Court petitioner's suit for jactitation o marriage against the respondent is already pending. No order as costs,